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HomeMy WebLinkAboutMay 24, 20171685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda May 24, 2017 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — March 14, 2017 Work Session and Regular Meeting Minutes; May 9, 2017 Work Session and Regular Meeting PUBLIC HEARING: Variance — Addition to Accessory Structure —16422 Hanson Blvd. NW — Dover Kennels © 4. PUBLIC HEARING: Conditional Use Permit — Massage Therapy Home Occupation - 15824 Olive St. NW — Lisa Scholl 5. PUBLIC HEARING: Conditional Use Permit - Exterior Storage — 3017 161s' Ave. NW — Eric Hicks 6. PUBLIC HEARING: Rezoning of Rural Reserve Residential District 7. Other Business 8. Adjournment M AINIMAY 0 joqk PLANNINGAND ZONING COMMISSIONMEETING — MAY 24, 2017 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 24, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Kyle Nemeth, Steve Peterson, and Jeff Sims. Commissioners absent: Timothy Cleven, Scott Hudson, Bert Koehler IV Also present: Community Development Director Joe Janish City Planner Stephanie Hanson Associate Planner Dan Krumwiede APPROVAL OF MINUTES. QMarch 14, 2017 Work Session Motion by Sims, seconded by Peterson, to approve the minutes as presented. Motion carried on a 3 -ayes, 0 -nays, 1 -present (Nemeth), 3 -absent vote (Cleven, Hudson, Koehler). March 14, 2017 Regular Meeting Motion by Sims, seconded by Peterson, to approve the minutes as presented. Motion carried on a 3 -ayes, 0 -nays, 1 -present (Nemeth), 3 -absent vote (Cleven, Hudson, Koehler). May 9, 2017 Work Session Commissioner Nemeth requested the following corrections to the May 9, 2017, Planning and Zoning Commission Work Session Minutes: -Page 1, line 17, remove "Jeff Sims" -Page 1 line 19, add "Jeff Sims" -Page 1, line 35, insert a comma after "however" May 9, 2017 Regular Meeting Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2017 Page 2 © Commissioner Nemeth requested the following corrections to the May 9, 2017, Planning and Zoning Commission Regular Meeting: -Page 5, line 29, strike the entire sentence: "The Commissioners did not have any questions of staff." -Page 6, line 1, remove -Page 6, line 22, replace "CPA" with "Comprehensive Plan Amendment (CPA)" -Page 6, line 28, insert a comma after "2016" -Page 6, line 29, replace "Comprehensive Plan amendment" with "CPA" -Page 6, line 40-41, replace "rural reserve area" with "Rural Reserve District (RRD)" -Page 6, line 42, add "Motion by Peterson, seconded by Hudson, to open the public hearing at 8:42 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger)." -Page 7, line 4, replace "open" with "close" -Page 7, line 4, replace "8:43 p.m." with "8:44 p.m." -Page 7, line 15, replace "easements can be one of the tools" with "easements, that can be" -Page 7, line 31, replace "rural reserve" with "Rural Reserve District" -Page 7, line 36, insert a comma after "however" -Page 7, line 36, replace "planning" with "Planning" Page 7, line 37, replace "commission" with "Commission" -Page 7, line 37, replace "city council" with "City Council" Page 7, line 43, insert "District" after "Reserve" -Page 8, line 21, replace "adherence" with "violations" Motion by Nemeth, seconded by Peterson, to approve the minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). PUBLIC HEARING. Variance - Addition to Accessory Structure - 16422 Hanson Blvd NW -Dover Kennels Associate Planner Krumwiede reviewed the variance request submitted by Jill and Michael Huston, 16422 Hanson Boulevard NW, for an addition to an accessory structure that exceeds the allowable total square footage of land covered by the foundation of the principal structure. He stated this property currently has a Conditional Use Permit (CUP) to operate a dog kennel, which was approved in 1988. Mr. Krumwiede stated the variance is required as the accessory structure with the proposed addition would exceed 20 square feet, for a total of 1940 square feet. He added the applicants have executed an agreement to purchase 1.5 acres of adjacent vacant property to address an encroachment issue. © Mr. Krumwiede stated the variance is required as the Contract for Deed has not been completed. He added that 2017 property taxes must be paid in full prior to recording the Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 3 © Contract for Deed by State statute, but the applicant is unable to pay the balance of 2017 property taxes and record the Contract for Deed until October 2017. Mr. Krumwiede stated the variance request approval requires that there are no practical difficulties with compliance. He added the applicant must establish that the property will be used in a reasonable manner; any unique circumstances were not created by the landowner; the variance, if granted, will not alter the character of the area, nor alter the rural residential character; and there are economic considerations. Mr. Krumwiede stated the recommendation of the Planning and Zoning Commission will be reviewed by the City Council at their June 6, 2017 Regular Meeting. Commissioner Peterson asked whether the applicant would need a variance if the proposed addition was smaller. Mr. Krumwiede stated the applicant would not need a variance if it was 20 square feet smaller. Commissioner Nemeth asked whether the proposed addition will be on the front of the accessory structure, and what the addition will look like. Mr. Krumwiede confirmed the proposed addition will be added to the front of the accessory structure and showed photos of the existing structure. © Commissioner Nemeth asked whether the existing buildings are located a sufficient distance from the flood plain. City Planner Hanson confirmed this. Motion by Nemeth, seconded by Sims, to open the public hearing at 7:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Mark Anderson, Dover Kennels, stated he is the operations manager for the applicants. He added the proposed addition will be an extension of the current accessory structure, and it will be designed and built by a licensed contractor to match the look of the house. Mr. Anderson stated the additional storage and a larger reception area will allow Dover Kennels to provide more space for customers and their dogs. He added this will be very beneficial for their business. He noted the applicant hopes to create a fully functional workspace, as the current buildings were built over the course of several decades by the previous owner and are not well planned. Mr. Anderson stated the applicant is allowed by Statute to close the contract in October 2017. He added the property itself will not change, but the proposed addition to Dover Kennels will be a better place for employees, customers and pets. Community Development Director Janish stated that Anoka County acquired a portion of this property, .95 acres, for right-of-way before the applicants purchased the property. © The property, at one time, was 5 acres in size. Chairperson Daninger stated the acquisition of land by the County could be considered a hardship. H Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 4 Commissioner Peterson asked why the applicant wants to wait until October 2017 to record the Deed for Contract. Mr. Anderson stated property taxes are certifiable twice per year, in May and in October. He added it would be financially difficult for the applicants to make the two property tax payments so close together. He noted the adjacent property would be affected by this as well. Motion by Sims, seconded by Nemeth, to close the public hearing at 7:27 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Motion by Nemeth to recommend approval of the variance request for an addition to an accessory structure that exceeds the total square footage land covered by the foundation of the principal structure by 20 square feet, for Jill and Michael Huston, 16422 Hanson Boulevard NW. The motion failed for lack of a second. Commissioner Peterson stated City Code is generally restrictive with these types of variances and the staff report includes a list of 4 criteria for consideration. He added he has questions about the second and fourth criteria as outlined in the staff report: the second criterion relates to circumstances unique to the property; and the fourth criterion relates to economic considerations. He noted Anoka County acquired land for a right-of- way, but it is unclear exactly when that happened. He noted he has questions about proving economic hardship. Commissioner Sims agreed, adding these criteria do not meet the threshold of what is required for a variance. Chairperson Daninger stated he concurs with Commissioners Peterson and Sims. Motion by Peterson, and seconded by Sims, to recommend denial of the variance request for an addition to an accessory structure for Jill and Michael Huston, 16422 Hanson Boulevard NW, based on the second and fourth variance criteria as outlined in the staff report, related to unique property circumstances; and economic considerations. Motion to deny carried on a 3 -ayes, 1 -nay (Nemeth), 3 -absent vote (Cleven, Hudson, Koehler). Mr. Krumwiede stated that this item would be reviewed by the City Council at their June 6, 2017 Regular Meeting. PUBLIC HEARING: Conditional Use Permit —Massage Therapy Home Occupation — 15824 Olive St. NW— Lisa Scholl City Planner Hanson reviewed the request of Lisa Scholl, 15824 Olive Street NW, for a © Conditional Use Permit (CUP) for an in-home massage therapy business. Therapeutic Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 5 © massage is a permitted Home Occupation as a conditional use in an R-4 Single Family - Urban zoned district. Ms. Hanson stated the applicant has been certified as a massage therapist for 14 years. She added the proposed home massage therapy business will be in the basement of her home, with access through the front door, and parking in the driveway. She noted no more than three clients will be scheduled per day, between the hours of 7:00 a.m. and 10:00 P.M. Ms. Hanson stated, in reviewing this case, the Commissioners should consider whether the proposed home occupation would affect the health, safety and general welfare of the neighborhood, traffic conditions, or property values. She noted City Staff have drafted a Resolution with recommended conditions for the Commission's review and comment. Commissioner Nemeth asked if a massage therapy business is not a permitted home occupation under City Code. Ms. Hanson stated it is permitted as a conditional use in the R-4 Single Family -Urban District as a home occupation, and a CUP is required for this reason. Commissioner Nemeth stated the applicant has indicated she will not schedule more than three clients per day. He asked whether on -street parking, if necessary, is allowed by QCity Code. Ms. Hanson stated all home occupation -related parking must be contained on the property, and in this case, in the driveway. Motion by Sims, seconded by Peterson, to open the public hearing at 7:38 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Lisa Scholl, 15824 Olive Street, stated she is the applicant. Commissioner Nemeth asked whether Ms. Scholl would stagger her schedule so that there is never more than 1 client on the property at the same time. Ms. Scholl confirmed this, adding it will not be a daily business as she intends to schedule 10-12 clients per month, and three clients in one day would not happen very often. She noted she needs to plan to leave some changeover time in her schedule between clients. Motion by Peterson, seconded by Nemeth, to close the public hearing at 7:40 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Commissioner Nemeth asked whether the CUP remains with the property if it is sold. Ms. Hanson confirmed the CUP runs with the property, but if the property were to be sold and another massage therapy business were to be proposed, the new owner would be required to obtain City Council approval and be fully licensed. She added the CUP © requirements would be the same. Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 6 Commissioner Nemeth expressed concern that a bigger business with more customers could cause disruption to the neighborhood. Ms. Hanson stated a condition could be added to the Resolution that would restrict the number of allowable daily clients. Motion by Peterson to recommend approval of the request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW. Motion failed for lack of a second. Commissioner Sims stated he supports the addition of a condition to the resolution that would restrict the number of allowable clients per day. Commissioner Nemeth stated the applicant referred to three daily clients in her application. He reiterated his concern that a property owner in the future might want to have a bigger business, and as the CUP stays with the property, it would be prudent to add a restriction on the number of allowable daily clients. He noted, however, he is unsure whether three daily clients would be the appropriate number. Commissioner Peterson stated three daily clients might be too restrictive. He added there would not be a noticeable difference in neighborhood traffic if there are 3-5 daily clients. Chairperson Daninger stated he agrees that five daily clients might be an acceptable compromise. Motion by Nemeth, seconded by Sims, to recommend approval of the request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW, with the addition of the following condition to the Resolution: 4. No more than five clients per day will be scheduled. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Ms. Hanson stated this application will be reviewed by the City Council at their June 6, 2017 Regular Meeting. PUBLIC HEARING. Conditional Use Permit — Exterior Storage — 3017 16151 Ave. NW — Eric Hicks Community Development Director Janish reviewed a request for a Conditional Use Permit (CUP) for Eric Hicks, 3017 1615 Avenue NW, to add exterior storage related to their business, Upper Midwest Athletic Construction. This business is currently located in Ramsey, but Mr. Hicks wants to move it to Andover. F Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 7 © Mr. Janish stated a CUP is required for exterior storage in all Districts. He added the company renovates outdoor athletic facilities, focusing on restoration of tennis courts, running tracks, and other outdoor sports amenities. He noted construction equipment, including augers, rubber on pallets, trailers and site materials, will be stored in the proposed exterior storage area. Mr. Janish stated the Commission should consider CUP criteria, including the effect of the proposed storage area on the health, safety and welfare of the neighborhood; existing and anticipated parking and traffic; the effect on property values and views; and whether the proposed use is in conformance with the City's Comprehensive Plan. Mr. Janish stated the proposed exterior storage area would be located 275 feet from the pavement, with a 6 -foot opaque fence along the property line to the east. He added screening is required by City Code for shared residential boundaries where a commercial use is present. He noted the applicant was considering a split rail fence, but that component is not included in the CUP. Mr. Janish stated the applicant also proposes the addition of a perpendicular screen from the opaque fence to the structure to screen the exterior storage area. Mr. Janish added the applicant intends to clear some trees to make room for the exterior storage area if the CUP is approved. He noted a commercial site plan review will be completed by City Staff. Commissioner Nemeth stated the Commission's meeting packet does not include any reference to the proposed fences. He asked why the Commission was not informed that the opaque fence and split -rail fence were included in the CUP. Mr. Janish stated the split -rail fence is not included in the CUP as it does not require a permit. He added the opaque fencing is required by the Zoning Code to screen the exterior storage from the residential property. Commissioner Nemeth asked how many trees would be removed. Mr. Janish stated the applicant intends to maintain as much natural screening as possible. He added tree removal would be minimal, and only where it will be necessary to maneuver equipment. Commissioner Nemeth asked whether it would be approximately a dozen trees. Mr. Janish confirmed this. Commissioner Nemeth stated the consideration regarding traffic impact is not included in the Staff Report. Mr. Janish stated it is not expected that an area of additional storage will increase or impact traffic. He added the proposed exterior storage area is a permitted use with a CUP. H Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 8 © Commissioner Nemeth requested clarification regarding the amount of on-site parking. Mr. Janish stated that will be reviewed as part of the commercial site plan process. Commissioner Nemeth stated the Staff Report referred to a call received questioning noise that could be generated at this site. He asked whether permitted hours of operation will be enforced. Mr. Janish stated hours of operation could be specifically related to the exterior storage area use, which would limit the owners access to their own property. Commissioner Nemeth stated the Commission had discussed a noise complaint near Target, and noise levels were measured and reviewed at that location. He added observation of quiet hours is a City Code requirement. Mr. Janish stated any noise complaint would be investigated by the Sherriffs office and noise readings could be taken. He added a receiver is installed on the property line, and decibels are recorded. Commissioner Nemeth asked why the company is based in Ramsey but their mailing address is Ham Lake. Mr. Janish stated that would be a question for the applicant. He added the Andover site is currently being used minimally without the proposed exterior © storage area, and the company also has a facility in Ramsey. Commissioner Peterson asked whether the split -rail fence is being added or removed, and what a split -rail fence looks like. Mr. Janish stated that is not included in the CUP. He added it is a rustic decorative fence that has not been installed but the applicant is considering for the 1615 Avenue property line. Commissioner Peterson asked whether the property will be screened from the street, as referenced on Page 2 of the staff report. Mr. Janish stated that issue will be considered as part of the commercial site plan review process. Commissioner Peterson asked why the opaque fence is included in the CUP instead of the commercial site plan review. Mr. Janish stated the site plan process has some flexibility to ensure that all criteria are met, so the opaque fence can be reviewed now to ensure that screening is sufficient. He added he would recommend an additional condition to the Resolution indicating that additional fencing could be required. Commissioner Nemeth asked whether the 8 -foot set back from property line is appropriate for a storage area. Mr. Janish stated the setback requirement was revised to increase the setback, and the applicant has reduced the size of the exterior storage area to increase its distance from the property line approximately 50 feet. X Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 9 © Commissioner Nemeth stated this change was not included in the meeting packet. Mr. Janish stated the proposed change was submitted after the meeting packets were distributed. Commissioner Nemeth requested clarification about the amended setback requirement. Mr. Janish stated there would be approximately 50 feet from the property line to the edge of the exterior storage area. Motion by Peterson, seconded by Sims, to open the public hearing at 8:09 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Eric Hicks, 3017 - 1615` Avenue NW, stated he is the applicant. Commissioner Nemeth asked whether the business is currently located in Ramsey, and why the business letterhead has a Ham Lake address. Mr. Hicks stated there was a change in ownership, and the business was previously located in Ham Lake. He added he has been running the business, including equipment storage, from his home in Ramsey. Commissioner Nemeth asked why the applicant wishes to move from Ramsey to Andover. Mr. Hicks stated the Andover property is closer to his home, and the homes of his employees. He added the business has outgrown the residential property in Ramsey. QChairperson Daninger asked whether the applicant has an idea of hours of operation and potential noise impact to the neighborhood. He urged the applicant to be cognizant of the residential neighbors. Mr. Hicks stated his employees will be receiving and loading supplies and equipment in the morning, around 6:30 a.m. or 7:00 a.m. He added the crew returns at the end of the work day and parks the equipment. Motion by Nemeth, seconded by Sims, to close the public hearing at 8:12 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Commissioner Nemeth reiterated that he was surprised that, after studying the case and reviewing guidelines for setbacks from residential properties, no information was provided for the Commission prior to the meeting. He asked why the information was not included in the packet. Mr. Janish stated the amended setback information was received by City Staff after the meeting packets had been prepared. Commissioner Nemeth requested that, in the future, such last-minute information should be emailed to the Commission before the meeting, or a hard copy should be provided at the meeting. Mr. Janish agreed. S Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 10 Chairperson Daninger stated he is comfortable with this CUP request as the commercial site plan will address any other issues. He added he is supportive of encouraging new businesses in Andover. Commissioner Nemeth requested clarification regarding opaque fencing. Mr. Janish stated it is a chain link fence with solid material slats running through it. Commissioner Nemeth stated there are some fences along Hanson and Round Lake Boulevards that require maintenance. He added he would prefer the use of some type of fencing material that is easy to maintain as it gets older. Mr. Janish stated the permit can be brought forward for review and revocation if the applicant is in violation of the requirements of the CUP. Commissioner Peterson stated he is comfortable with opaque fence as described, if it is not along the property line at 1615 Avenue. Motion by Sims, seconded by Peterson, to recommend approval of a Conditional Use Permit for Eric Hicks, 3017 1615 Avenue NW, for exterior storage space related to his business, Upper Midwest Athletic Construction. Motion carried on a 4 -ayes, 0 -nays, 3 - absent vote (Cleven, Hudson, Koehler). City Planner Hanson stated that this item would be reviewed by the City Council at their June 6, 2017 Regular Meeting. PUBLIC HEARING: Rezoning of Rural Reserve Residential District City Planner Hanson reviewed plans to rezone lands designated as Rural Reserve from R- 1 — Single Family Rural to RR -Rural Reserve Residential. This proposed rezoning of the RR -Rural Reserve coincides with the proposed Comprehensive Plan Amendment and Zoning Text Amendment that the Commission and City Council had previously reviewed. Ms. Hanson stated the rezoning process includes the official adoption of the zoning map. She added the area in question was identified in the City's Comprehensive Plan, adopted in 2008, for future urban development if municipal services were available. Ms. Hanson stated the current Comprehensive Plan has a minimum lot split of 1 home per 20 acres. She added, in March 2017, a request for a Comprehensive Plan amendment was received by an applicant who wished to further subdivide residential property to 1 home per 10 acres. She noted this request was approved by the City Council and is currently being reviewed by the Metropolitan Council, which has indicated that the © request will be approved. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 11 F Ms. Hanson stated the area in question is currently zoned Rural Residential but creating a new zoning district of Rural Reserve Residential is required to provide provisions that will allow for further subdivision of land. Ms. Hanson stated public hearing notices were sent and 10 calls were received from residents, expressing concern about how the zoning change will affect future urban development in this area. She reiterated that the zoning change allows landowners to split their property but will have no effect on urban development. Ms. Hanson stated City Staff recommends approval of rezoning this property as it will institute provisions for regulation of land subdivision. She added City Staff recommends adoption of the zoning district map as well. Commissioner Nemeth asked whether Single Family Rural Reserve needs to be defined. Ms. Hanson stated that was reviewed by the Commission on May 9, 2017 and will be added to City Code, and defined as part of the Comprehensive Plan update. Motion by Peterson, seconded by Sims, to open the public hearing at 8:26 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Chairperson Daninger clarified that there will be no urban development in this area. He added this agenda item is simply a zoning change. Michael Ahles, 2439 154th Avenue NW, stated he and his neighbors are curious about the plans for this area. He added streets come to an end there, so there is obviously a plan for development at some point. Chairperson Daninger stated the Commission cannot comment on how or when that property will be developed. Ms. Hanson stated the Rural Reserve Area, as identified in the Comprehensive Plan, is an area within the City of Andover that would be designated for urban development at a point when all other urban development is completed. She added this would only be considered if municipal services were in place. Ms. Hanson stated the City is currently beginning the Comprehensive Plan review process, which must be updated and submitted by the end of 2018. She added there are no municipal services in this area, so no urban development is planned. H Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 12 Mr. Ahles stated the topography of the area would be difficult to develop, as the water table is high and fluctuates regularly. Ms. Hanson agreed, adding the City is working with Coon Creek Watershed District to look at options for that property. Chairperson Daninger pointed out that the term "Rural Reserve" is misleading as the property is designated for future urban development. Jean Watson, 13141 Lily Street NW, Coon Rapids, stated her family has owned property on Uplander Street since the 1960's, and they have been unable to develop the property because of the lack of sewer and water, which have to come through that area. She added they have been waiting to hear whether that will happen. Ms. Hanson stated the sewer study plan will be updated as part of the 2018 Comprehensive Plan process. Ms. Watson asked whether sewer and water can run through somewhere else. Ms. Hanson stated there are no plans for sewer and water at this time. Ms. Watson stated she thought the water and sewer could come through on Bunker Lake QBoulevard. Chairperson Daninger stated water and sewer -related questions can be directed to City Staff. Ms. Watson expressed her concern regarding the rezoning of the property. Scott Hager, 3045 - 153`d Avenue NW, asked how "future urban development" will ensure an acceptable transition from large lots to the west, to smaller lots to the east. Ms. Hanson stated any development would not occur until municipal services are available on the property. She reiterated that a sewer study is being completed as part of the Comprehensive Plan process. Chairperson Daninger stated the City is unsure whether the land can ever be developed, and whether water and sewer can be put in. He added there is a lot of peat moss in the area. Kevin Romano, 2990 - 153`d Avenue NW, stated properties to the west of the area are on 2.5 acre lots with dead-end cul-de-sacs, and on the east side, the roads end at the area's border. S Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 13 Ms. Hanson stated this zoning change will allow property owners to split lots to 1 house per 10 acres. She added urban development in the area is not planned at this time. Mathew Vorhees, 3122 — 153rd Avenue NW, asked what the next steps would be if this rezoning is not approved by Metropolitan Council, to meet expectations for development. Ms. Hanson stated the rezoning request, if approved, will bring the Comprehensive Plan and City's Code in alignment with the Metropolitan Council's policies. Mr. Vorhees asked what will happen if the rezoning request is denied. Ms. Hanson stated the current zoning would remain the same. Mr. Vorhees asked why the City is doing this. Ms. Hanson stated the rezoning would give property owners the right to subdivide their property to one home per 10 acres vs. 1 home per 20 acres. Lee Packer, 3074 - 1615` Avenue NW, stated his property is located on the corner of 161St Avenue and Round Lake Boulevard. He added he submitted a request to the City to build 2 houses on 5 acres, but he was informed that the area's zoning only allows 1 house per 20 acres. He added nothing else is changing except the ability for homeowners to subdivide their property. © Chairperson Daninger requested that members of the public should address the Planning Commission during the public hearing. He noted that Mr. Packer was addressing the audience. Ken Siebert, 2987 - 153`d Avenue NW, asked for clarification regarding the red box, which was included in the letter that was sent to residents. Ms. Hanson stated all the properties highlighted on the map are within the public hearing notification area. He added the letter included legal descriptions of the properties. Ms. Hanson stated the legal descriptions are the properties that are affected by the zoning change. Mr. Siebert asked whether City Staff is sure that the Metropolitan Council will pass the rezoning request. Ms. Hanson stated the Metropolitan Council has indicated that they are recommending approval to their Board of Directors due to the request being consistent with Metropolitan Council Policy. Motion by Peterson, seconded by Nemeth, to close the public hearing at 8:46 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Commissioner Sims asked whether City Council approval of the rezoning would have to be reversed if the Metropolitan Council does not approve it for some reason. Ms. Hanson stated a resolution condition is contingent on the approval of the Comprehensive Plan Q Amendment by Met Council; however, the amendment is consistent with Metropolitan Council's policy that states 1 house per 10 acres in the rural reserve areas. H Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 14 Motion by Nemeth, seconded by Peterson, to recommend approval of the rezoning of lands designated as Rural Reserve from R-1 — Single Family Rural to RR -Rural Reserve Residential subject to the conditions of the ordinance amendment, because the rezoning of the property will provide provisions to regulate the subdivision of lands within the Rural Reserve district and ensure compliance with City Codes and the Andover Comprehensive Plan. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Ms. Hanson stated this application will be reviewed by the City Council at their June 6, 2017 Regular Meeting. Ms. Hanson urged residents in the area to continue to watch for City meeting agendas. She added the Comprehensive Plan update process will include open meetings, some of which will include discussions about the future of the rural reserve area. OTHER BUSINESS. City Planner Hanson stated she did not have any further updates. © Commissioner Nemeth asked for an update on three recent planning cases, including a Conditional Use Permit amendment and preliminary plat request, both approved by the City Council, and a variance request. Mr. Janish stated an extension on the variance request was granted as the applicant will not be able to attend the City Council's June 6, 2017 regular meeting. He added this issue will be reviewed at the City Council's July 18, 2017 Regular Meeting. Ms. Hanson confirmed that the variance request submitted by Lee Wameka will be reviewed at the City Council's July 18, 2017 Regular Meeting. Commissioner Nemeth asked whether the Planning Commissioners can get involved in Family Fun Fest, as in previous years. Ms. Hanson confirmed this, and said she will get information to the Commissioners about volunteer opportunities as soon as it becomes available. ADJOURNMENT. Motion by Sims, seconded by Nemeth, to adjourn the meeting at 8:52 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Respectfully Submitted, Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 15 LX Mary Mullen, Recording Secretary TimeSaver Off Site Secretarial, Inc. H u